Nowadays, in western countries, private bodyguards have become an ordinary profession like lawyers or doctors. In China, because it is not recognized by the law, many times private bodyguards are almost "skirting the ball" with the law. How to treat the "private bodyguard" as a "new thing" has aroused widespread concern in society and legal circles.
Criminal cases against the rich are on the rise.
On October 22nd, 654381this year, Li Haicang, the chairman of Haixin Group, a private enterprise in Shanxi Province, was shot dead in his office, and the murderer committed suicide on the spot. On February 22, Zhou Zubao, a wealthy businessman in Yueqing, Wenzhou, Zhejiang Province, who runs a market in Beijing and is worth tens of millions, was assassinated at his home with a knife of 14.
With the increasingly sharp struggle between violence and anti-violence, news about robbery, kidnapping and extortion of the rich and their families also frequently appeared in newspapers.
Liu Jianri, chairman of Shanxi Datong Yungang Industrial Corporation, has been threatened by the underworld since February 2002, and the amount of extortion is as high as 1 100 million yuan. /kloc-One morning in July of 0/3, on the way back from his father's grave, Liu Jianri and his family suddenly jumped out of the Woods and attacked them. Liu Jianri escaped after running in the wilderness for five hours under the protection of his accompanying relatives and bodyguards.
Zhang, the chairman of a group company in Puyan Town, Hangzhou High-tech Zone, walked into the local public security bureau on the evening of June 5438+1October 9 this year and extorted 400,000 yuan with a letter packed with bullets.
In Guangdong, in recent years, some criminal suspects have planted explosive devices and sent letters (some with bullets, poison, etc.). ), make phone calls, send text messages, etc. Blackmail enterprises, institutions and their responsible persons.
The murder of the rich gave birth to "private bodyguards"
It is understood that in some provinces of China, "financial infringement" cases account for nearly 90% of criminal cases. Kidnapping, extortion, extortion, robbery and other violent incidents against the rich have gradually increased in the proportion of criminal cases, and the frequency of extreme incidents against the rich has also increased.
According to statistics, there are 1000 billionaires and 3 million millionaires in China. In addition, more and more large groups, such as sports stars and entertainment stars, often need the assistance of full-time security personnel because of the particularity of their public figures. Mr. Xia, who works as a bodyguard, told reporters that according to his friends, there are no fewer than 5,000 private bodyguards in Guangzhou. Most bodyguards are celebrities, entrepreneurs and successful people from all walks of life, especially the bosses of foreign-funded, wholly-owned and foreign-funded enterprises. Due to the development of hotel industry and real estate industry in Guangzhou, private bodyguards also occupy a large proportion in these two industries.
The reporter learned from conversations with some business owners that most bosses hire bodyguards not only for their own safety, but also for prestige or ostentation. Some bosses even hire bodyguards for entertainment. If they don't want to drink more in social situations, they can use bodyguards to do it for them.
Abroad, private bodyguards have become a huge industry. According to a survey report of the US Department of Justice, there are about 654.38+600 million private security guards in the United States, which is three times that of regular police. In 2000, the turnover of American security industry reached more than $6543.8+000 billion.
"Private bodyguards" crossed the legal red line.
Because private bodyguards have not been recognized by the laws of our country at present, many times private bodyguards almost survive by "scraping the ball" with the law. Therefore, some people call private bodyguards "people who cross legal targets." Both Mr. Xia and Mr. Zheng, who are private bodyguards, say that "the boss comes first, the law comes second" or "the law comes first, the boss comes second" will often become a controversial topic among private bodyguards. Some bodyguards were fired by the boss because they could not complete the "no score requirement" put forward by the boss; Some bodyguards are considered "not loyal enough" by the boss and frequently lose their jobs; However, because more bodyguards always take the boss's safety as the center, they often conflict with the law.
Mr. Zheng, a "private bodyguard", said that many bodyguards have been detained, because in the face of the boss's orders, the first thing that comes to mind is obedience, and then the law. However, they will try their best to find a balance between the boss's orders and the law. "If it is murder and arson, of course not, it is impossible to really put your life in for thousands of dollars. But if the consequences are not serious, you will still do what the boss wants, and it will be a big deal to enter the police station. "
Mr. Zheng said that if the society can set norms for this industry, he believes that 90% of bodyguards will abide by the regulations and be "law-abiding bodyguards".
However, Mr. Xia, who is also engaged in bodyguard work, questioned the statement of "law-abiding bodyguards". He said that it is undeniable that among the people who currently employ bodyguards, those engaged in "unfair industries" account for a large proportion. According to Mr. Xia, "people who do legitimate business generally don't need bodyguards. Only bosses who smuggle, cheat and open casinos need bodyguards." These bodyguards did act as "accomplices" and "thugs" to a great extent. If the bodyguard industry legislates, Mr. Xia is worried that these people will still find it difficult to abide by the law.
"Private bodyguards" are "vulnerable groups on the balance beam"?
The feeling of walking the balance beam between "breaking the law" and "committing crimes" is not a kind of enjoyment after all. Mr. Xia said that in a sense, private bodyguards are still a "vulnerable group" in China. They don't have their own organizations and laws to protect their rights and interests, and they are always at risk of being "fired" by their bosses or "lectured" by the police. They don't even have legal status. They can only call themselves "drivers" or "security guards".
In fact, many young people regard bodyguards as a "springboard" for better development. Mr. Xia became an employee of the boss by being a bodyguard. He is satisfied with the result. He said that when he just left the army, he had no other skills and worked as a security guard, but his salary was too low, and he felt that he had buried his good health and good kung fu. Later, I became a bodyguard with a monthly salary of more than 3,000, which was more valued by my boss.
However, both Mr. Zheng and Mr. Xia said that they would not call themselves "private bodyguards". On the one hand, they are out of the need of "confidentiality". On the other hand, they think that society is biased or even hostile to the word "bodyguard" and often compare this industry with "thugs" and "black security guards". Walking on the edge of the law all the time, they have a feeling of walking on thin ice. They hope that one day they can be recognized and respected by the society like the staff engaged in other occupations in the society.
Where will private bodyguards go?
Professor He Jiahong, a doctoral supervisor at Renmin University of China Law School and a doctor of law at Northwestern University Law School in the United States, can be called "the first person to study private bodyguards" in China. As early as 199 1, he pointed out in the book Private Detective and Private Security: "Private security industry originated from private detective industry and is a mature form of private detective industry." Professor He affirmed the existence of the private bodyguard industry, and thought that the private bodyguard industry filled the gap in the social security management mechanism and made up for the shortage of the official police force.
However, some scholars believe that the development of private bodyguards is actually a retrogression in social history, because private bodyguards may infringe on the interests of ordinary people while safeguarding the interests of bosses, which must be banned in modern democratic countries.
Professor Zhang Shuguang from the Law School of Renmin University of China said that according to the law, private bodyguards can do passive defense, not active attack. Any violent behavior of them should be controlled within the scope of legitimate defense stipulated in the criminal law, otherwise it will violate the criminal law.
The reporter learned from the Trademark Office of the State Administration for Industry and Commerce that at the end of last year, the Trademark Office of the State Administration for Industry and Commerce adjusted the scope of trademark classification registration, in which the new or more detailed categories of license registration included providing "security services" such as private bodyguards, detective companies and follow-up investigations. However, successful trademark registration does not mean that you can engage in the business activities covered by the trademark. At present, enterprise registration has not involved the category of private bodyguards.
Relevant personnel of the competent department of industrial and commercial registration in Guangzhou told reporters that there is still no "bodyguard company" in Guangzhou that can clearly provide personal bodyguard services. But he also said that it is undeniable that there are still some underground "bodyguard companies" in Guangzhou.
Professor He believes that the "private bodyguard" industry should communicate regularly, formulate a self-discipline mechanism, form a unified access system and industry standards, and standardize the whole industry. He said that once this norm is effectively implemented, it will play a good role in promoting the public security and economic development of the whole society. But after all, private bodyguards are new things in the development of socialist market economy, and the state has not recognized their legitimacy at present, because they are still in the exploration stage, and corresponding laws and regulations will appear to regulate this industry when conditions are ripe.